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Bombay High Court

NEW SAURASHTRA CAP DEPO AND ANOTHERversusGIRDHAR HARILAL SOLANKI DECEASED THR LRS BHAVANABEN HASHMUKHLAL DARJI AND OTHERS

Disposal
DISPOSED OFF

Holding

The court allowed the application, permitting service of the unserved respondents by publication in two widely circulated newspapers.

Summary

The petitioner filed a civil application seeking permission to serve three unserved respondents (Nos.1a, 1c & 1e) by substituted service under Order V Rule 20 of the Code of Civil Procedure. The last known address of the respondents was within the jurisdiction of Rajkot, Gujarat, and the petitioner proposed publication of the notice in two widely circulated newspapers, one in Hindi and one in English. The court examined whether the requirements of Order V Rule 20 were satisfied, including the jurisdictional nexus and the adequacy of newspaper publication as a mode of service. Finding that the petitioner's averments met the statutory criteria, the court allowed the application. It directed the petitioner to publish the notice, file an affidavit of service with newspaper cuttings, and informed that the matter would become returnable after six weeks. The application was consequently disposed of.

Issues considered

  • Whether permission can be granted to serve unserved respondents by publication in newspapers under Order V Rule 20 of the CPC
  • Whether the jurisdictional requirements for substituted service are fulfilled

Legislation cited

Subjects

  • substituted service
  • publication notice
  • Order V Rule 20
  • Civil Procedure
  • jurisdiction
  • returnable

Judgment

                                     1                        59-CA-1490-2026.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                  59 CIVIL APPLICATION NO. 1490 OF 2026
                             IN WP/5019/2025

                 New Saurashtra Cap Depo And Another
                               VERSUS
Girdhar Harilal Solanki Deceased Thr Lrs Bhavanaben Hashmukhlal Darji
                              And Others
                                  WITH
                       WRIT PETITION NO. 5019 OF 2025
                    New Saurashtra Cap Depo And Another
                                   VERSUS
Girdhar Harilal Solanki Deceased Thr Lrs Bhavanaben Hashmukhlal Darji
                                       …..
Mr. Darak Badribishan A., Advocate for the Petitioner.
Mr. Prafulsing H. Patil h/f., Mr. P. B. Patil for Respondent No.1-D in WP.

                        CORAM         : MANJUSHA DESHPANDE, J.
                        DATE          : 24 AUGUST 2026

PER COURT :


1.        This application is filed by the petitioner seeking permission to

serve the unserved respondent Nos.1a, 1c & 1e by way of substituted

service under Order V Rule 20 of the Code of Civil Procedure, by way of

proclamation in the widely circulated newspaper “Gujarat Samachar”,

published at Rajkot, within the jurisdiction of Mahesana and Ahmedabad,

Gujarat State. It is submitted that the last known address of the unserved

respondents is within the jurisdiction of Rajkot. Therefore, the petitioner

seeks permission to serve the unserved respondents by way of paper

publication in widely circulated newspapers published in Hindi or

Kiran Kawre
                                       2                         59-CA-1490-2026.odt


English.

2.            In view of the averments as made in the application, the civil

application is allowed.

3.        The applicant is permitted to serve the unserved respondent

Nos.1a, 1c & 1e by way of publication of notice in two widely circulated

newspapers, one in Hindi and the another in English, in the area where

the respondents are known to be residing.

4.        The applicant shall file an affidavit of service after publication of

the notice, along with the newspaper cuttings.

5.        Upon publication of the notice, the respondents shall be informed

that the matter is made returnable before this Court after six weeks, i.e.,

5 October 2026.

6.        The application stands disposed of.




                                                [ MANJUSHA DESHPANDE, J. ]




Kiran Kawre


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